Resuscitation Delay of Mother Blamed for Baby's Brain Damage: $11 Million Settlement
2025 Medical Malpractice Settlement Report
By Attorney Willliam J. Thompson
and Julie A. Davis
Washington County Superior Court, Rhode Island
Lawsuit claims baby's birth injury caused by delay in resuscitation of mother who suffered cardiac arrest during birth
The plaintiff’s mother was a 29-year-old expecting the birth of her first child. Her labor and delivery were unremarkable until she suddenly became unresponsive around 5:57 p.m. with a blood pressure of 65/28 and a pulse in the 50s. A rapid response was called and the defendant obstetrician responded. He had never met the patient or had any role in her care until this time. At 6:00 p.m., she coded and CPR was started. It was later determined the cause of the cardiac arrest was an amniotic fluid embolism. The mother was initially resuscitated but was later found to be brain dead and was allowed to die two weeks later.
The time of birth was 6:20 p.m. Apgar scores were 2 at 1 minute and 4 at 5 minutes. The baby girl weighed 7 pounds, 12 ounces. A venous cord gas pH resulted as <6.80. Her initial heart rate was in the 80s. She was bagged immediately with room air. Her pulse then increased to over 100. She was resuscitated but later found to have a brain injury due to lack of oxygen.
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Now age 6, she has significant needs in self-care and mobility requiring special transportation to get to school, and the use of an activity chair. She has increased tone and decreased strength, particularly in her upper extremities. She keeps her hands fisted. She has decreased functional muscle strength in her core and lower extremities, and is dependent on caregivers to complete all transfers. She receives nutrition through a G-tube. She speaks a few words at home, but at school makes noises, gestures and facial expressions.
The plaintiff claimed that given the sudden maternal cardiac arrest, the standard of care required the defendant to attempt resuscitation of the mother, and if after four minutes’ time the mother is not effectively resuscitated, a crash bedside cesarean section was required. Delivery should accordingly occur within the next five minutes using a vertical skin incision as opposed to a transverse incision which takes longer to perform.
The case was settled for $11,000,000 after initial discovery. There was no claim for the maternal death which was unavoidable.
Lubin & Meyer attorneys Andrew C. Meyer, William J. Thompson and Julie A. Davis represented the plaintiff in this medical malpractice lawsuit.
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